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September 23, 2005
Louisiana: 16 women prisoners released from Angola held
By PENNY BROWN ROBERTS
Advocate staff writer
A New Orleans federal judge freed 16 prisoners Thursday who had more than served their time.
U.S. District Judge Jay Zainey ordered the release of female inmates evacuated from the Orleans and St. Bernard parish prisons after Hurricane Katrina and housed in the Louisiana State Penitentiary at Angola beyond their scheduled release dates.
The late afternoon hearing stretched into two hours as the judge and lawyers hatched a plan for finding the convicts transportation or shelter from the approaching Hurricane Rita.
"My job under the Constitution is to not let people stay in jail who are not supposed to be there," Zainey said. "But as a humanitarian, I think we're all concerned about what happens to them once they're let go."
The women were among 94 who filed suit Tuesday against Orleans Parish Sheriff Marlin N. Gusman, Orleans Parish District Attorney Eddie Jordan and other law-enforcement agencies, demanding their freedom.
Most are being held on minor misdemeanor offenses, such as public drunkenness, trespassing, disturbing the peace, prostitution or lewd conduct.
The state Department of Public Safety and Corrections planned to release the 16 women Thursday night, give each $10 and buy them bus tickets to the adjoining state of their choice or take them to shelters.
Zainey also ordered the future freeing of two women whose release dates are approaching. But Zainey declined to free 13 others who still have pending charges against them.
Two inmates already had been freed by another judge, and the prison records of another woman couldn't be located to determine whether she could be released.
Still at issue are 60 prisoners, many claiming they've never had the opportunity to post bond or make an initial appearance before a judge. A hearing has been scheduled for Monday to determine their fate.
All told, Hurricane Katrina forced authorities to evacuate about 8,200 inmates from Orleans and Jefferson parishes to state prisons and parish jails.
The hurricane shut off access to inmate records several weeks ago, keeping many behind bars longer than normal. Prisoners left the flooded jails without identification, delaying their release.
The corrections department already has set free more than 200 inmates from Orleans, St. Bernard, Plaquemines and other hurricane-ravaged parishes whose release dates have passed. It provided cash and transportation or shelter to those people as well.
Zainey said he will "continue to monitor the situation to ensure these people don't fall through the cracks. I don't want people that aren't supposed to be in jail in jail."
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Posted by lois at September 23, 2005 06:14 PM